Allahabad High Court
MOHD ISLAM RAJAversusState of UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed because the filing of a charge sheet precludes the court from entertaining a challenge to the FIR.
Summary
The petitioner, Mohd Islam Raja, filed a criminal miscellaneous writ petition challenging the FIR filed against him. The petition was heard in the Allahabad High Court, but the petitioner was not present while the State's counsel appeared. The court noted that a charge sheet had already been filed, as per a report from the Legal Cell of the Director General of Police, Uttar Pradesh dated 22 April 2026. Since the charge sheet was on record, the court held that the writ petition, which sought to contest the FIR, could not be entertained. Consequently, the court dismissed the petition and directed that it be consigned to the record, allowing the petitioner to seek any other legal remedy available.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge sheet has been filed
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21362 of 2024
Mohd Islam Raja
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : S.R. Pandey
Counsel for Respondent(s) : G.A., Nandini Pandey
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised call. No one is present for the
petitioner(s). Learned AGA is present for the State.
2. We have perused the office report dated 22.4.2026 which is quoted as
below :-
"As per report submitted by the Legal Cell, O/o Director General of Police, U.P., the
charge sheet has been filed."
3. In view of the fact that charge-sheet has already been submitted and
since the writ petition is challenging the FIR, we are of the view that the
writ petition be dismissed and it be consigned to record.
4. The writ petition is, accordingly, dismissed. The petitioner(s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
GS
Digitally signed by :-
GAUTAM SONI
High Court of Judicature at Allahabad
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